Judge to rule later on request for gag order in sex assault case
A Butler County judge will decide whether to prohibit the alleged victim and a witness from communicating with each other in the case against a Butler man charged with nearly 500 sexual assault-related charges.
Judge William Shaffer heard arguments Friday and will issue a ruling later.
Garrett A. Luttrell, 34, was charged with 470 counts, including felony statutory sexual assault and corruption of minors, as well as 156 counts each of involuntary deviate sexual intercourse and aggravated indecent assault, and 156 misdemeanor counts of indecent assault.
The motion for a gag order was filed by Luttrell's attorney, Devin O'Leary, alleging that the victim and an eyewitness are attempting to contact each other to coordinate their stories.
O'Leary argued Friday that the two should not be allowed to contact each other, except in writing which can be produced as evidence, as it would be prejudicial to Luttrell's case. O'Leary pointed to a criminal complaint, which indicates they initially gave contradicting statements made to police.
“One said they saw one thing, the other said they saw the opposite,” he said. “I don't see any reason they would have to talk. There is a possibility that these two are manipulating the court or fabricating their testimony.”
He said the two are attempting to communicate online. One of the teens has moved to Ohio, while the other has been placed in foster care. O'Leary said they are using aliases.
“They are attempting to coordinate their testimony,” he said.
First Assistant District Attorney Patricia McLean argued that a gag order is “wholly inappropriate” and the court has no authority to order the teenagers not to speak with each other.
She argued that a gag order is not intended to keep witnesses from speaking to each other, but to keep attorneys from trying their cases in the press.
McLean pointed to a lack of evidence presented by the defense at the hearing Friday, and argued that all the allegations of contact are based on “pure speculation.”
She also took issue with a statement made in the motion that the two teens “engage in sexual relationships and/or role play relationships together with adult and underage men and women.”
O'Leary acknowledged Friday that there is no direct evidence that those incidents occurred, but added that “the defendant has had to repeatedly restrict access to computers because use of online in an inappropriate manner.”
Luttrell on June 27 waived his formal arraignment on the charges.
Butler police filed the charges after a 13-year-old girl reported to county Children and Youth Services workers that she had seen Luttrell sexually assaulting another girl several nights before.
The alleged victim told police and CYS workers that Luttrell had sexually abused her over a period of several years between June 2014 and April 2018, starting when she was about 11 years old. She said the abuse occurred at Luttrell's home on Carnegie Street in Butler, according to court documents, and that he warned her not to tell anyone, saying he would go to jail and would kill himself.
Further court proceedings are pending, and Luttrell remains free after posting $100,000 bond.
